Know-how Definition

GLOSSARY

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What does Know-how mean?

Know-how is information that can be protected under the law of confidence. It can be recorded in any form or held in the memory of an individual. Know-how is not strictly a form of property in its own right, although it is often treated as a form of intellectual property.

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Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

Using IP as security: key issues—checklist

Using IP as security: key issues—checklist This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage...

Team relationship management

Team relationship management Team dynamics and leadership In Practice Note: Supporting legal colleagues and sharing know-how reference is made to these websites for orientation on different personalities: • www.belbin.com/ • www.businessballs.com/personalitystylesmodels.htm • www.mindtools.com/pages/article/newLDR_86.htm As leader of the team you need to devote time and effort to studying and understanding how you can get the best from the team as a whole, without impairing individual motivation and performance. Examples of free resources for leaders which you might consider: • www.cipd.co.uk/hr-resources/factsheets/leadership.aspx - you have to register for free access • www.businessballs.com/leadership.htm • Harvard Business Review—you can subscribe free to blog posts and Management Tips of the Day • Management & leadership—overview • In-house Advisory Board • Mentoring Scheme John Adair’s leadership model provides a good blueprint. If you are reluctant to buy the booklet, you can find summaries of his model online, of which this is one: www.businessballs.com/action.htm. Note that John Adair identifies the seven qualities of leadership as: Enthusiasm, Integrity, Toughness, Fairness, Warmth, Humility and Confidence. Give active consideration to...

Measuring the in-house legal team

Measuring the in-house legal team This Practice Note discusses how in-house legal teams can use metrics such as staffing, spend, income and client satisfaction to demonstrate their value. Metrics are a useful tool to increasing self-awareness, implementing strategic improvements, focusing on reducing costs, increasing the influence of your legal function and developing and motivating your team. Why measure? Self-diagnosis Identifying trends and the current state of play, for example, workload, spend and staffing. Implementing strategic improvements Gathering the information you need to build business-wide support for your management strategies, for example:—maintaining headcount—pushing work to the business—outsourcing or insourcing—de-skilling or skilling-up—technology or further investment Focus on reducing costs A true focus on savings means keeping on top of data on costs or income, for example:—monitoring volume of external spend, discounts and rebates under alternative fee arrangements—building a platform from which to work closely with finance and procurement functions to achieve further savings Increasing the influence of your legal function Helping your legal team to become a key influencer...

Discover our 420 Practice Notes on Know-how

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Eviction of Unauthorised Campers in Vehicles

Eviction of Unauthorised Campers in Vehicles Notice of a direction to leave this land To all occupants of vehicles on this land and to any other persons with them From [insert name of Local Authority] We hereby give you notice under section 77(2) of the Criminal Justice and Public Order Act 1994 that the Council has given a Direction under section 77(1) of the Criminal Justice and Public Order Act 1994 that: 1 you are to leave the land known as [insert description of land, eg Fullbright’s Meadow, Weston, Northshire];[ and] 2 you are to remove the

Dive into our 351 Precedents related to Know-how

Does a public company which allots shares as opposed to paying cash as consideration for a target private limited company's shares act in contravention of the Companies Act 2006, s 586?

Does a public company which allots shares as opposed to paying cash as consideration for a target private limited company's shares act in contravention of the Companies Act 2006, s 586? Allotting shares in a public company: In terms of an allotment of shares our Practice Note: Allotment and issue of shares—introductory points provides useful guidance on the issue, including relating to preliminary considerations, payment for shares allotted and post-allotment actions. The preliminary considerations will be relevant as the articles of association of the company may contain any general restrictions in relation to the allotment of shares, and also whether there are pre-emption rights that will apply to the proposed allotment. Depending on whether the public company in question is a listed or unlisted public company, the following two Practice Notes: Allotment and issue of shares—listed public companies and Allotment and issue of shares—private companies with more than one class of share and public unlisted companies may be useful. Both Practice Notes discuss the procedure for...

How do I protect a new idea for a product?

How do I protect a new idea for a product? Keep it a secret If you have a new idea about how to do or make something, resist the temptation to tell people about it or publicise this, as patent law dictates that doing so will usually destroy the ability to patent that idea. Seek advice from an IP lawyer or a patent attorney An IP lawyer or a patent attorney will be able to tell you whether the idea is protectable under a patent or not. Patent law is complicated such that not every type of idea is automatically allowed to be protected by a patent. For example, they will be able to give you an idea of whether someone else has already obtained a patent for this invention. An example of a difficult area is patents for inventions that are all about software. It is advisable to consider alternatives as well. If the idea is not protectable with a patent, it may be protected in other ways,...

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IP weekly highlights—19 December 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Law Commission scoping paper on financial remedies on divorce and dissolution

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

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